EPA v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY

Case summary

1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY LOCOMOTIVE BNSF 6709, BNSF TEXAS DIVISION ON STORAGE TRACK ADJACENT TO MILEPOST 708.5 IRVING, DALLAS COUNTY, TEXAS 75014 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF 71 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON ROCHELLE CREEK AND ADJOIN- ING SHORELINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $4,500 FOR THE VIOLATION CITED.

Defendants (1)

• BURLINGTON NORTHERN AND SANTA FE RAILWAYNamed in complaintNamed in settlement

Facilities (1)

• BURLINGTON NORTHERN AND SANTA FE RAILWAY CO

  ON STORAGE TRACK ADJACENT TO MILEPOST 708.5, IRVING, TX, 75014

  Registry ID: 110010695453

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANYentered 2001-11-19

  Primary law: CWA

  Federal penalty: $4,500

Timeline (5 milestones)

• 2001-07-12Complaint Filed/Proposed Order
• 2001-07-17Enforcement Action Data Entered
• 2001-11-19Final Order Issued
• 2001-11-19Compliance Achieved
• 2001-11-20Enforcement Action Closed